사해행위취소
1. On July 4, 2018, the Defendant and Nonparty H concluded on July 1, 2018 regarding H shares 1/3 of the real estate recorded in the separate sheet.
1. Facts of recognition;
A. The Plaintiff, as a credit card company, issued a credit card to Nonparty H, and H began to pay the credit card price from September 2015.
Accordingly, the Plaintiff filed an application with the Suwon District Court for a payment order for the payment of credit card bills with H as the Suwon District Court 2015 tea3210, Sung-nam Branch. On September 10, 2015, the said court issued an order to pay damages for delay from September 5, 2015 to the date of full payment for KRW 28.8% per annum for KRW 28.8%, KRW 59,800 per annum for KRW 215,08, and KRW 24.5% for KRW 156,460, KRW 23.5% per annum for KRW 23.5%, KRW 7,800,00 for KRW 26.5% per annum for the damages for delay from September 5, 2015 to the date of full payment.
This payment order was served to H on October 9, 2015, and was finalized on October 24, 2015.
B. The amount of the Plaintiff’s claim against H upon the above payment order is KRW 15,238,050 as of July 4, 2018.
C. On July 4, 2018, the deceased H’s father (hereinafter “the deceased”) died on July 4, 2018, and his heir had J, the South-North Defendant, the South-North Defendant, and the South-North H.
(1) On July 4, 2018, the Defendant agreed to divide the inherited property by way of the Defendant’s sole inheritance. Upon the agreement to divide the inherited property, the Defendant completed the inheritance registration on September 10, 2018 on the said real property.
H At the time of consultation on the division of inherited property above, there was no particular property other than the inheritance share of the above real property.
[Evidence: Evidence No. 1 to No. 7, All purport of oral argument]
2. Determination
A. The agreement on the division of the inherited property at issue of fraudulent act is to confirm the reversion of the inherited property by either having all or part of the inherited property, which was provisionally owned by each inheritor, as a sole ownership by each inheritor, or performing as a new co-ownership relationship, and therefore, it is subject to the exercise of the right to revoke fraudulent act by its nature.